2020 QCCQ 5738, 2020 QCCQ 5738

Protection de la jeunesse — 205246 2020 QCCQ 5738 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 145-41-000626-199 DATE: August 5, 2020 ______________________________________________________________________ BY THE HONOURABLE CELESTINA ALMEIDA, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION Applicant -and- X born on [...], 2003 Adolescent -and- A -and- B Parents ______________________________________________________________________ JUDGMENT ______________________________________________________________________ JA1013 WARNING: The Youth Protection Act forbids the publishing or broadcasting of information allowing for a child or the child’s parents to be identified.

Any person who contravenes this provision commits an offence and is liable to a fine (sections 11.2, 11.2.1 and 135 Y.P.A.). [ 1 ] The director of youth protection (DYP) asks the Court to revise and extend the order rendered on November 13, 2019, in respect of the adolescent in order to pursue his placement in a rehabilitation until February 28, 2021. [ 2 ] The parents are absent and not represented by a lawyer, even if they were duly notified of the proceedings. The adolescent is not present as well, but duly assisted by his lawyer.

On his behalf, the latter expresses his consents with the recommendations suggested by the DYP. [ 3 ] The adolescent presents some difficulties such as anger issues, impulses and social skills. His behaviour problems emerge more when confronted by his peers such as when he feels threatened or not respected. H e also has drug and alcohol abuse problems. However, since his placement in the rehabilitation center, he has stopped using it. [ 4 ] Upon his arrival at the rehabilitation center, he shows anger by his gestures and his remarks of a violent nature.

The relationship with the other youths as well as the professionals are difficult. He does not trust the adults and is not very open to receive help. When he is upset, he gets out of control. [ 5 ] Following a meeting with a child psychiatrist, it was assessed that the adolescent has developmental traumas following events in his life. Previously, he accepted a follow-up in psychology, but this is no longer the case today, on the pretext that he uses other means to help him. [ 6 ] The parents are not very involved in their son’s life. They do not visit him.

However, he speaks to his mother over the phone, but rarely with his father. Attempts to meet between the adolescent and the parents were set up without materializing, in particular, due to the mother’s lack of mobilization and following threats formulated by the adolescent towards his mother. [ 7 ] Considering the language barrier, the lack of English-speaking case workers at the center as well as the adolescent’s difficulties, a transfer to a unit in City A ([Centre A]) is being considered, this place being more suited to his needs. Since his placement in this unit, he is doing fine.

He responds well to the program, respects the rule and integrates adequately with the group. At some points,

his disturbing behaviours resurfaces. Especially, when he does not get what he wants, and he can also address the educators using threatening words. [ 8 ] The adolescent aims for an independent life project or to stay with his mother. He is accepted into the youth qualification program (PQJ). He does not want to stay with a foster family and completing his studies is not one of his priorities. He wants to find a job and at least finish his studies, in the adult program. [ 9 ] The mother would like to take her son at home, but has concerns about her capacity to meet his needs.

Still, she agrees to support him with regard to his independent living project. However, she doubts that he is able to live on his own at the moment. He must put more effort into his rehabilitation in order to achieve this goal. In fact, since his placement in a rehabilitation center, he has experienced ups and downs. Despite some improvements over the past few months, some difficulties remain. Currently, it is impossible to determine whether the adolescent can live independently.

The mother’s mobilization was late, which also delayed the process. [ 10 ] During the present measure, the objectives are the development of its autonomy and skills, his social network as well as his educational goals, which will qualify him to live in society. The continuation of the program in a more supportive environment such as a rehabilitation center will, hopefully, enable it to achieve these objectives. In the current circumstances, a return to the mother’s home cannot be considered.

The adolescent still has work to do in order to obtain the necessary tools for his future, because his majority is fast approaching. [ 11 ] The evidence demonstrates that the security and development of the adolescent are still in danger. Considering the evidence adduces, the consent of the adolescent with the recommendations of the DYP, the application is well founded. Furthermore, these measures appear to be in the adolescent’s best interest.

FOR THESE REASONS AND THOSE EXPRESSED ORALLY AT THE HEARING, THE COURT: [ 12 ] GRANTS the application for revision and extension of order; [ 13 ] DECLARES that the security and development of X are still considered to be in danger according to

section 38 of the Youth Protection Act; [ 14 ] REVISES AND EXTENDS the court order rendered on November 13, 2019, in the present file; [ 15 ] ORDERS that the adolescent be entrusted to a rehabilitation center designated by the Director of Youth Protection until February 28, 2021; [ 16 ] AUTHORIZES the adolescent benefit from outings of more than fifteen (15) days into the mother’s environment if the situation allows; [ 17 ] ORDERS that the contacts between the adolescent and his parents be determined by an agreement between the parties; [ 18 ] ORDERS that the adolescent be provided with any health care and social services required for his condition; [ 19 ] RECOMMENDS that the adolescent benefits from a follow-up in child psychiatry and a psychologist, if necessary; [ 20 ] ORDERS that the adolescent and his parents actively participate in the measures ordered in order to put an end to the situation of endangerment; [ 21 ] ORDERS that a person working for an establishment provide aid, counsel and assistance to the adolescent and his family until February 28, 2021; [ 22 ] ENTRUSTS the situation of the adolescent to the Director of Youth Protection of the Centre intégré de santé et de services sociaux A for the carrying out of the present measure; [ 23 ] ORDERS to individuals covered by this order to comply. __________________________________ CELESTINA ALMEIDA, J.C.Q.

Me Louyse A. Lemieux for the applicant Me Jules Grenier for the adolescent Mrs. A

the mother (absent) Mr. B the father (absent) Written judgment filed on August 6, 2020